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Rev 3.0

Conditional Sales Agreement

WITNESSETH THIS AGREEMENT dated June ___, 2014, by and between THE STATE OF INDIANA acting through the Indiana Department of Administration, (“Seller”) and ________________________________________________________________, (“Buyer”).

In consideration of this Agreement, Seller and Buyer agree as follows:

1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property (collectively, “Property”):

1.1 Property. The property commonly known as ~E. OF US 231 & N. OF SR 70, Chrisney, Spencer County, Indiana, described on the attached Exhibit A (“Land”) together with all buildings, improvements and fixtures constructed or located on the Land (“Buildings”) and all easements of record and rights benefiting or appurtenant to the Land (collectively the “Property”), subject to all existing legal rights-of-way, easements, conditions and restrictions of record.

1.2 Access. The subject parcel currently has limited public access or right of entry. The buyer will be responsible for gaining legal access to the property. Ingress/Egress permits may be submitted to the Department of Transportation and approved or denied at the agencies sole discretion. No assurance of such a permit is expressed or implied.

1.3 Personal Property. No personal property is being sold or conveyed as a part of this Purchase Agreement.

2. Purchase Price, Buyer’s Premium, and Manner of Payment. The total purchase price (“Purchase Price”) to be paid for the Property shall be ________________________________ Dollars ($________________). The Purchase Price shall be payable as follows:

2.1 In conjunction with execution of this Agreement (the “Execution Date”), Buyer shall submit ____________________________________________ Dollars ($_______________) to Seller as earnest money (“Earnest Money”). In the event this Agreement is not accepted by Seller, the Earnest Money shall be promptly returned to Buyer. Upon acceptance of this Offer by Seller, such Earnest Money shall secure the Buyer's performance of this Agreement and in the event of a default by Buyer in the performance of its obligations herein specified, Seller shall have the right to terminate this Agreement and the Earnest Money shall be paid to Seller as liquidated damages as Seller’s sole remedy at law or in equity; and

2.2 The balance of the Purchase Price, subject to adjustments as set forth herein, shall be payable in certified funds or by electronic transfer of funds on the “Closing Date” (as hereinafter defined).

2.3 In addition to the Purchase Price, Buyer shall, at Closing as hereinafter defined, pay Seller’s representative a 10% Buyer’s premium pursuant to the terms of a separate addendum to this Agreement.

3. Contingencies and Inspection Period. The obligation of the Seller is contingent upon approval of the transaction contemplated by this Agreement as required by IC 4-13-2-14.1, IC 4-13-2-14.2 and IC 4-20.5-7.

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4. Closing. In the event that Seller has accepted this Agreement and the parties proceed to closing, the closing of the purchase and sale contemplated by this Agreement (the “Closing”) shall occur within thirty (30) days following State approval as set forth above (the “Closing Date”), such final closing is subject to and conditional upon approval by the Office of the Governor and the Indiana Attorney General, unless extended by mutual agreement of the parties. The Closing shall take place at a time, place, and on a date agreeable by Seller and Buyer. The Buyer will be responsible for title fees, escrow fees, and costs charged by the company with whom the earnest money is deposited as outlined in Section 5.1.

4.1 Seller’s Closing Documents. On the Closing Date, Seller shall have executed and delivered or caused to be delivered to Buyer the following (collectively, “Seller’s Closing Documents”), all in form and content reasonably satisfactory to Buyer:

4.1.1 Deed. A Quitclaim Deed conveying the Property to Buyer, an exemplar of such Quitclaim Deed is attached hereto as Exhibit B.

4.1.2 Documents. Copies of all contracts, permits and warranties affecting the Property that will survive the Closing, if any.

4.1.3 Sales Disclosure Form. An Indiana sales disclosure form.

4.1.4 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer title to the Property to Buyer free and clear except Permitted Exceptions to Title.

4.2 Buyer’s Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, “Buyer’s Closing Documents”):

4.2.1 Purchase Price. Funds representing the Purchase Price, by electronic transfer of immediately available funds.

4.2.2 Assumption of Contracts, Permits, Warranties and Miscellaneous Documents. An Assumption of Contracts, Permits and Warranties, if any, assuming Seller’s obligations under such documents.

4.2.3 Sales Disclosure Form. An Indiana sales disclosure form.

4.2.4 Other Documents. All other documents reasonably determined by Seller or Title Company to be necessary to complete the transaction contemplated by this Agreement.

5. Allocation of Costs. Seller and Buyer agree to the following allocation of costs regarding this Agreement:

5.1 Title Insurance and Closing Fee. Buyer shall be solely responsible for the payment of all premiums and fees associated with title insurance, including any and all closing fees or recording charges. Buyer shall be responsible for payment, at or before Closing, of search fees charged by the title company from whom Seller obtained a preliminary title review and commitment. Unless waived by the title company, said closing fees shall be payable by Buyer whether or not Buyer obtains a policy of title insurance.

5.2 Taxes and Assessments. The Property being conveyed is owned by the State of Indiana and is exempt from all real property taxes. The Seller shall assume no responsibility or liability for any real property taxes or other assessments from which it is statutorily exempt. Buyer shall be solely responsible for, and indemnify Seller against, any and all real property taxes assessed with respect to the Real Property on or after Closing.

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5.3 Utilities. Seller shall either ensure that utility service to the Property is disconnected as of the Closing Date or shall cooperate with Buyer in having such utility services transferred to Seller’s account. All contracts relating to operating the Property shall be canceled as of the Closing Date.

5.4 Attorney’s Fees. Each of the parties will pay its own attorney’s fees.

6. Evidence of Title. In the event that Buyer does not order and receive a commitment for title insurance, Seller shall, at its expense, within ten (10) days after written request from Buyer, furnish to Buyer a copy of the documents by which the State obtained or otherwise holds title or a letter from the State Land Office describing the documents by which the State obtained and otherwise holds title. Seller will cooperate with the Buyer or its title company in clarifying or resolving any perceived deficiencies or clouds in the title, but shall not be required to incur any expense beyond commitment of the time of the State Land Office. If such issues cannot be resolved to Buyer’s satisfaction, Buyer may terminate this Agreement, and the Earnest Money, if any, shall be returned.

7. Maintenance of the Real Property Prior to Closing. During the period from the date of Seller’s acceptance of this Agreement to the Closing Date, Seller shall maintain the Property and improvements in a reasonably prudent manner. Seller shall execute no contracts, leases or other agreements regarding the Property between the date hereof and the Date of Closing that are not terminable on or before the Closing Date, without the prior written consent of Buyer, which consent may be withheld by Buyer at its sole discretion.

8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows:

8.1 Existence; Authority. Seller has the requisite power and authority to enter into and perform this Agreement and to execute and deliver Seller’s Closing Documents; such documents have been duly authorized by all necessary action.

8.2 Contracts. Seller has made available to Buyer a correct and complete copy of any Contract and its amendments which will survive a closing hereunder, if any.

8.3 Operations. Seller has received no written notice of actual or threatened cancellation or suspension of any utility services for any portion of the Property. Seller has received no written notice of actual or threatened special assessments or reassessments of the Property.

8.4 Litigation. To Seller’s knowledge, there is no litigation or proceeding pending or threatened against or relating to the Property, nor does Seller know of or have reasonable grounds to know of any basis for any such action or claim.

8.5 Physical Condition. Seller makes no representation or warranty concerning the physical condition of the Property and puts Buyer to the obligation to satisfy itself pursuant to the contingency contained in Section 3 above.

9. Casualty; Condemnation. If all or any part of the Property is materially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within thirty (30) days after Seller’s notice. If eminent domain proceedings are threatened or commenced against all or any part of the Property, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within thirty (30) days after Seller’s notice. Termination of this Agreement and return of all Earnest Money are Seller’s sole remedies

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10. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed by United States certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows:

If to Seller: Commissioner Indiana Department of Administration 402 W. Washington St., W479 Indianapolis, IN 46204 With Copy to: Attorney General Office of the Indiana Attorney General 302 W. Washington St. Indianapolis, IN 46204 If to Buyer: With a Copy to:

Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving notice of such change ten (10) days prior to the effective date of such change.

11. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Indiana, and any suit must be brought in an Indiana court of competent jurisdiction.

12. Remedies. If Buyer defaults, and if Buyer fails to cure such default within ten (10) days of the date of notice of such default from Seller, then Seller shall have the right to terminate this Agreement by giving written notice of termination to Buyer. In the event of termination Seller will receive the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. Buyer’s sole remedy for any default by Seller shall be termination of this Agreement and return of the Earnest Money.

13. Buyer’s Examination. Buyer is relying solely upon its own examination of the Property and inspections in determining its physical condition, character, and suitability for Buyer’s intended use of the Property and is not relying upon any representation by Seller or any broker, except for those made by Seller directly to Buyer in writing in Exhibit C, which is attached to this agreement. Buyer agrees and acknowledges that it is accepting the Property “AS IS” subject to all faults of every kind and nature whatsoever, whether latent or patent, and whether now or

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hereafter existing, and Buyer acknowledges that it has based its decision to purchase the Property solely upon information obtained independently by Buyer. Buyer shall sign a Hold Harmless Affidavit, an exemplar of such Hold Harmless Affidavit is attached hereto as Exhibit D. Buyer shall acquire the Property subject to all laws imposed upon the Property by any governmental or quasi-governmental authority having jurisdiction thereof. Buyer represents and warrants to Seller that Buyer has not relied, and will not rely, upon the representation or statement, or the failure to make any representation or statement, by Seller or Seller’s agents, employees or by any person acting or purporting to act on the behalf of Seller with respect to the physical condition of the Property.

14. Compliance with Telephone Privacy. As required by IC 5-22-3-7: (1) The Buyer and any principals of the Buyer certify that (A) the Buyer, except for de

minimis and nonsystematic violations, has not violated the terms of (i) IC 24-4.7 [Telephone Solicitation Of Consumers], (ii) IC 24-5-12 [Telephone Solicitations] , or (iii) IC 24-5-14 [Regulation of Automatic Dialing Machines] in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) the Buyer will not violate the terms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is preempted by federal law. (2) The Buyer and any principals of the Buyer certify that an affiliate or principal of the Buyer and any agent acting on behalf of the Buyer or on behalf of an affiliate or principal of the Buyer (A) except for de minimis and nonsystematic violations, has not violated the terms of IC 24-4.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) will not violate the terms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is preempted by federal law.

15. Withdrawal of Offer. This Agreement shall be deemed to be withdrawn, unless accepted by Seller, after one-hundred-fifty (150) days of delivery to Seller. In the event of a withdrawal under this section, Buyer shall be entitled the return of the Earnest Money.

16. Additional terms.

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

17. Non-Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he/she is the Buyer, or that he/she is the properly authorized representative, agent, member or officer of the Buyer, that he/she has not, nor has any other member, employee, representative, agent or officer of the Buyer, directly or indirectly, to the best of the undersigned’s knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid any sum of money or other consideration for the execution of this Property Purchase Agreement other than that which appears upon the face of this Agreement.

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In Witness Whereof, Buyer and the Seller have, through their duly authorized representatives, entered into this Property Purchase Agreement. The parties, having read and understood the foregoing terms, do by their respective signatures dated below hereby agree to the terms thereof. BUYER: ____________________________________ Signature

____________________________________

Printed Name

____________________________________

Title

BUYER SHALL TAKE TITLE OF THE PROPERTY AS FOLLOWS:

BUYERS PRIMARY ADDRESS:

_____________________________________________________________________________________

SELLER: State of Indiana acting through the Indiana Department of Administration. By For:

EXHIBIT B

QUITCLAIM DEED THIS INDENTURE WITNESSETH, that the STATE OF INDIANA, acting through the Governor of the

State of Indiana and the Commissioner of the Indiana Department of Administration, or their respective designees,

and by the authority of Indiana Code 4-20.5-7-11, RELEASES and QUITCLAIMS to:

for good, valuable, and sufficient consideration, receipt of which is hereby acknowledged, the real property located

in ______________County, Indiana and more fully described on Exhibit A, attached hereto and incorporated fully

herein.

Subject to all existing legal rights-of-way, easements, conditions, and restrictions of record.

IN WITNESS WHEREOF, the undersigned have executed the foregoing Quitclaim Deed on behalf of the State of

Indiana this ________ day of _____________ 2011.

____________________________________

David L. Pippen, Designee for

Mitchell E. Daniels, Jr. Governor

State of Indiana )

) ss:

County of Marion )

Before me, a Notary in and for said County and State, personally appeared David L. Pippen, designee of the

Governor of Indiana pursuant to IC 4-20.5-7-17 (b), and acknowledged execution of the foregoing Quitclaim Deed

this ________ day of ___________ 2011.

Notary signature: ___________________________________

Notary name printed: ________________________________

My commission expires: __________________ I reside in _______________ County

____________________________

Anthony Green, Designee for

Robert D. Wynkoop, Commissioner

Indiana Department of Administration

State of Indiana )

) ss:

County of Marion )

Before me, a Notary in and for said County and State, personally appeared Anthony Green, designee of the

Commissioner, Indiana Department of Administration, and acknowledged execution of the foregoing Quitclaim

Deed this ________ day of ___________ 2011.

Notary signature: ___________________________________

Notary name printed: ________________________________

My commission expires: __________________ I reside in _______________ County

Approved as to form and legality:

__________________________________ Date: ______________________

Gregory F. Zoeller, Attorney General

Send tax bills to: same address above

Filed in Indiana State Land Office:

This instrument prepared by Tim A. Grogg Esq. (Attorney No. 7316-03), Legal Counsel, Indiana Department of

Administration, 402 West Washington Street, W 479, Indianapolis, IN 46204. I affirm, under the penalties for

perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by

law. ____________________________________

EXHIBIT C

Categorical Exclusion Level 1 Form Project: LA Code 3097, Parcels 6, 8, & 48 – Excess Land Des No: 926136A

Form Version: June 2013 Attachment 1

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SCOPE OF THE PROPOSED ACTION

Public Involvement* No: X Yes: Possible:

Comments: No public controversy is expected.

Right-of-way (permanent and temporary, in acres) No: X Yes: Possible:

Comments: Property will only be sold to willing buyers. Applicable Federal regulations will be followed.

Disruption to public facilities/services (such as schools, emergency service) No: X Yes: Possible:

Comments: There will be no disruption to public service providers.

Involvement with existing bridge(s) (Include structure number(s) No: X Yes: Possible:

Comments: There are no bridges within the limits of the excess property.

* Limited public involvement, CE-1 level projects will typically have no public hearing opportunity offered.

INVOLVEMENT WITH RESOURCES

Streams, Rivers, and Watercourses Impacted (linear feet) No: X Yes: Possible:

Comments: There is an unnamed tributary in the southwest corner of Parcel 6 and a lake in the southern part of Parcel 48, but they will not be impacted by the sale of the land.

Wetlands (acres) No: X Yes: Possible:

Comments: There will be no adverse impacts to wetlands as part of this project.

Disturbance of Terrestrial Habitat (acres) No: X Yes: Possible:

Comments: There will be no construction which adversely affects habitat as part of this project.

Karst Features No: X Yes: Possible:

Comments: There are no karst features present in this County nor is it part of the Karst MOU.

Threatened and Endangered Species No: X Yes: Possible:

Comments: No endangered species will be impacted.

Drinking Water Resources No: X Yes: Possible:

Comments: There is no known Sole Source Aquifer located in the Vincennes District. No drinking water resources will be impacted by the sale of the property.

Flood Plains (note transverse or longitudinal impact) No: X Yes: Possible:

Comments: The sale of the property will not alter flood elevations.



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INVOLVEMENT WITH RESOURCES

Farmland (acres) No: X Yes: Possible:

Comments: The sale of the property will not affect farmland.

Cultural Resources No: X Yes: Possible:

Comments:

The property has been determined to be of a nature which has no potential to adversely affect resources protected by Section 106 of the Historic Preservation Act. With regard to above-ground resources, no buildings are located on the parcels known as LA Code 3097, Parcels 6, 8, & 48. Nonetheless, the State and National Register of Historic Places lists for Spencer County were checked by an INDOT- Cultural Resources Office (CRO) historian who meets the Secretary of the Interior’s Professional Qualification Standards per 36 CFR Part 61. No properties on these lists are located near these parcels. Additionally, the Spencer County Interim Report of the Indiana Historic Sites and Structures Inventory was referenced (Grass and Hammond Townships). No properties are recorded within 0.25 mile of these parcels. The nearest recorded resource is Site No. 147-546-45015, a farm on CR 350 N rated “outstanding.” Properties rated “outstanding” usually possess the necessary level of significance to be considered National Register eligible, if they retain material integrity. Based on the available information and pursuant to Indiana Code 14-21-1-14, INDOT-CRO does not think that these parcels contain historic structures or that the sale of this parcel is an activity that has the potential to cause effects on any above-ground resources eligible for or listed in the National Register. No additional above-ground investigations are recommended prior to the sale of these parcels. With regard to archaeology, an archaeological records check and a Phase Ia reconnaissance report were prepared by INDOT – CRO for the three parcels. No sites eligible for inclusion in either the NRHP or the IHSSI were found. DNR Division of Historic Preservation & Archaeology concurred with the finding in a letter dated June 28, 2013. See Attachment 2.

Section 4(f) and Section 6(f) Resources No: X Yes: Possible:

Comments: There are no Section 4(f) or 6(f) resources involved.

Air Quality Impacts No: X Yes: Possible:

Comments: The liquidation of the property is exempt from air quality analysis in accordance with 40 CFR Part 93.126 Table 2.

Community/Economic Impacts No: X Yes: Possible:

Comments: No negative impacts are anticipated for the established communities.

Hazardous Materials No: X Yes: Possible:

Comments: The property to be sold has been assessed for hazardous materials, and no areas of concern were found. See Attachment 3 for Red Flag Investigation.

Permits No: X Yes: Possible:

Comments: Permits are not required for the liquidation of this excess land.



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ENVIRONMENTAL COMMITMENTS:

If any archaeological artifacts or human remains are uncovered during construction, federal law and regulations (16 USC 470, et seq.; 36 CFR 800.11, et al.) and State Law (IC 14-21-1) require that work must stop immediately and that the discovery must be reported to the Division of Historic Preservation and Archaeology in the Indiana Department of Natural Resources within 2 business days. INDOT’s Cultural Resources Section in INDOT Environmental Services (INDOT ES) shall also be notified. (Required)

THE CATEGORICAL EXCLUSION CANNOT BE PROCESSED AS A LEVEL ONE IF YES IS SELECTED FOR ANY OF THE FOLLOWING ITEMS*:

Formal noise analysis required? No: X Yes:

Environmental Justice analysis required? No: X Yes:

Right-of-Way acquisition greater than 0.5 acre? No: X Yes:

Relocation of residences/businesses/etc.? No: X Yes:

Added through-traffic lanes? No: X Yes:

Facility on new location or realignment? No: X Yes:

Permanent alteration of local traffic pattern? No: X Yes:

Section 4(f) and Section 6(f) resource impacts? No: X Yes:

Sole Source Aquifer Groundwater Assessment required? No: X Yes: Is the project “Likely to Adversely Affect” Threatened and Endangered Species? No: X Yes: Stream impacts greater than 300 linear feet, or work beyond 75 feet from pavement? No: X Yes:

Wetland impacts greater than 0.1 acre? No: X Yes: Does the project have historic bridge involvement, or a Section 106 finding of No Adverse Effect / Adverse Effect? No: X Yes:

* Please note, this table is not applicable for state funded CE’s.

Attachment 1 Location Map

LA 3097, Parcel # 6, 8 & 48

Location Map

Attachment 2 Cultural Resources

Information

www.in.gov/dot/ An Equal Opportunity Employer

100 North Senate Avenue Room N642 Indianapolis, Indiana 46204

PHONE: (317) 233-2061 FAX: (317) 233-4929

Michael R. Pence, Governor Michael B. Cline, Commissioner

May 24, 2013

Chad Slider Division of Historic Preservation and Archaeology Indiana Department of Natural Resources 402 W. Washington Street, Room 274 Indianapolis, IN 46204

Re: Archaeological records check and Phase Ia reconnaissance for the sale of excess parcels 6, 8, and 48 (LA 3097) along new US 231(INDOT Des No 926136A) in Spencer County, Indiana.

Dear Mr. Slider, The Indiana Department of Transportation intends to sell parcels 6, 8, and 48 along US 231 (LA Code 3097). Prior to disposal, INDOT, CRO has examined the property for cultural resources as required by IC 14-21. With regard to above-ground resources, no buildings are located on these parcels known as LA 3097, Parcels 6, 8 & 48. Nonetheless, the State and National Register of Historic Places lists for Spencer County were checked by an INDOT- Cultural Resources Office (CRO) historian who meets the Secretary of the Interior’s Professional Qualification Standards per 36 CFR Part 61. No properties on these lists are located near the parcels. Additionally, the Spencer County Interim Report of the Indiana Historic Sites and Structures Inventory was referenced (Grass & Hammond Townships). No properties are recorded within 0.25 mile of these parcels. Based on the available information and pursuant to Indiana Code 14-21-1-14, INDOT-CRO does not think that these parcels contain historic structures or that the sale of these parcels is an activity that has the potential to cause effects on any above-ground resources eligible for or listed in the National Register. With regard to archaeological resources INDOT-CRO personnel who meet the Secretary of Interior’s Professional Qualification Standards as per 36 CFR Part 61 completed a Phase Ia archaeological investigation for the above references project (Moffatt May 20, 2013). The archaeological records check found that no archaeological sites had been recorded within the excess parcel. The Archaeological reconnaissance found three archaeological sites; one small lithic scatter (12Sp1151) and two isolated finds (12Sp1153 and 12Sp1153). The sites were determined to be ineligible to the state of national registers and so no additional archaeological investigation is recommended. Please review the enclosed archaeological report and advise us of its acceptability and recommendations. If there are any questions or concerns regarding this project, please contact Mr. David Moffatt of this section at (317)-233-3703. Sincerely,

Patrick Carpenter Acting Cultural Resource Manager INDOT Cultural Resources Office Indiana Department of Transportation PC/CDM/cdm Cc.: INDOT Office of Environmental Services, Cultural Resource Office project file

Attachment 3 Red Flag Investigation


INDIANA DEPARTMENT OF TRANSPORTATION Driving Indiana’s Economic Growth 100 North Senate Avenue Room N642 Indianapolis, Indiana 46204-2216 (317) 232-5348 FAX: (317) 233-4929

Mitchell E. Daniels, Jr., Governor Michael B. Cline, Commissioner

Date: January 2, 2013 To: Randy Carie

Real Estate Specialist INDOT, Vincennes District Office 3650 South US Hwy 41 Vincennes, IN 47591

From: Hazardous Materials Unit Environmental Services

Indiana Department of Transportation 100 N Senate Avenue, Room N642 Indianapolis, IN 46204 Re: RED FLAG INVESTIGATION LA CODE 3097 Excess Parcels 6, 8, and 48

SR 231, Excess Parcels 6, 8, and 48 Spencer County, Indiana NARRATIVE The subject parcels were acquired by INDOT (Indiana Department of Transportation) for right‐of‐way purposes. INDOT has decided that this surplus land will not be needed for right‐of‐way or other transportation purposes within the foreseeable future. A legal description of parcels 6, 8, and 48 is as follows: Parcel 6: A part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 6 South, Range 5 West, Spencer County, Indiana, and being that part of the grantor's land as described in Book 201, page 742 that is depicted as “EXCESS LAND” and lays easterly of and adjacent to the Limited Access Right‐of‐Way lines on the attached Right‐of‐Way Parcel Plat marked as Exhibit "B", described as follows: Beginning at the intersection of the north line of said quarter section with the line formed between the points designated “4767” and “4771” on said Plat, said point being South 88 degrees 04 minutes 36 seconds East (Basis of Bearings being the Location Control Route Survey Recorded as Instrument # 994321 in the Office of the Recorder) 122.038 meters (400.39 feet) from the northwest corner of said quarter section, said northwest corner being designated as point "4036" on said Plat; thence South 88 degrees 04 minutes 36 seconds East 9.252 meters (30.35 feet) along said north line to the northeast corner of the grantor's land as described in Book 201, page 742; thence South 0 degrees 23 minutes 17 seconds West 228.752 meters (750.50 feet) (750 feet by Deed Record 173, page 702) along the east line of the grantor's land to the southeast corner of the grantor's land as described in Book 201, page 742; thence North 88 degrees 00 minutes 33 seconds West 39.906 meters (130.93 feet) along the south line of the grantor's land as described in Book 201, page 742 to the line formed between the points designated “4764” and “4767” on said Plat; thence North 24 degrees 11 minutes 07 seconds East 44.493 meters (145.97 feet) to point "4767" designated on said Plat; thence North 4 degrees 15 minutes 59 seconds East 187.604 meters (615.50 feet) to the point of beginning and containing 0.4198 hectares (1.037 acres), more or less.


Parcel 8: Section 7 Township 6 South, Range 5 West, part of the Southwest Quarter of the Northwest Quarter of Section 7 described as follows: Beginning at a point 350.67 feet South 87 degrees 34 minutes 47 seconds East of a steel pipe marking the Southwest corner of the Southwest quarter of said quarter section and continuing 350.67 feet South 87 degrees 34 minutes 47 seconds East to a steel pipe thence, North 02 degrees 25 minutes 13 seconds West 1,336.96 feet to a steel pin thence, South 87 degrees 35 minutes 12 seconds West 343.80 feet to a steel pin thence, South 00 degrees 10 minutes 32 seconds East 1,301.81 feet to the point of beginning. Said parcel containing 10 acres more or less. This parcel can also be described as the East half of the West half of the Southwest quarter of the Northwest Quarter of Section 7. Excepting there from the following described tract of land: Beginning at the southwest corner of the above tract of land, said point being the southwest corner of the East‐Half of the West‐Half of the Southwest‐Quarter of the Northwest‐Quarter; thence North along the west line of said Half‐Half‐Quarter‐Quarter to the northwest corner thereof; thence East along the north line of said Half‐Half‐Quarter‐Quarter to the intersection with the line formed by the points designated “4771” and “4791” on the attached Right‐of‐Way Parcel Plat marked as Exhibit "B"; thence southerly concurrent with the line formed between said points to the point designated “4771” on said Plat; thence southwesterly concurrent with the line formed between the points designated “4771” and “4767” on said Plat to the intersection with the south line of said Half‐Half‐Quarter‐Quarter; thence West along said south line to the Point of Beginning and containing 2.45 Acres, more or less. Containing in all 7.55 acres, more or less, after said exception. Also, part of the Northwest quarter of the Southwest quarter of Section 7 described as follows; Beginning at a steel post 430.00 feet South 87 degrees 35 minutes 12 seconds East of an iron pipe marking the Northwest corner of the Northwest quarter of the Southwest quarter and continuing south 87 degrees 35 minutes 12 seconds East 430 feet to a steel pin thence, South 00 degrees 10 minutes 34 seconds West 375 feet to a steel post thence, North 87 degrees 34 minutes 00 seconds West 430 feet to a steel post thence, North 00 degrees 10 minutes 32 seconds East 375 feet to the point of beginning. Said parcel containing approximately 3.7 acres more or less. Parcel 48: A part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 6 South, Range 5 West, Spencer County, Indiana, described as follows: Commencing at an iron pipe marking the Southwest corner thereof; thence running South 87 degrees 34 minutes East 430.75 feet to an iron stake and the true point of beginning of this conveyance: thence continuing South 87 degrees 34 minutes East 430.75 feet to an iron pipe set by Hale, Riney & Gilmore, Inc.; thence North 00 degrees 10 minutes 34 seconds East 585 to an iron stake; thence North 87 degrees 34 minutes West 430 feet more or less to an iron stake (this being the Northeast corner of a 5.78 acre tract as stated in unrecorded contract dated January 29, 1993); thence South with the East line of said tract‐585 feet to the point of beginning. Containing 5.78 acres more or less. Also, a part of the Northwest Quarter of the Southwest Quarter of Section 7, Township 6 South, Range 5 West, Spencer County, Indiana, described as follows: Commencing at an iron pipe marking the Southwest corner thereof; thence running North with the Township line 585 feet; thence South 87 degrees 34 minutes East 430 feet more or less to an iron stake marking the corner of lots #4, #5, #6 and #7, and this being the true point of beginning of this conveyance; thence with the North line of lot #5 south 87 degrees 34 minutes East 430 feet to its Northeast corner; thence North 00 degrees 10 minutes 34 seconds East 375 feet to an iron stake (this being the East corner of lots #6 and #8); thence North 87 degrees 34 minutes West 430 feet more or less to an iron stake on the east edge of a new improved road; thence South 375 feet to the point of beginning. Containing 3.7 acres more or less.


SUMMARY

Infrastructure Indicate the number of items of concern found within ½ mile, including an explanation why each item within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:

Religious Facilities N/A Recreational Facilities N/A

Airports N/A Pipelines 1

Cemeteries 1 Railroads N/A

Hospitals N/A Trails N/A

Schools N/A Managed Lands N/A

Explanation: Cemetery: There is one (1) cemetery (Beasley Cemetery) located within the ½ mile buffer. The presence of this cemetery will not impact the sale of the parcels. Pipelines: There is one (1) pipeline located within the ½ mile buffer. The presence of this pipeline will not impact the sale of the parcels.

Water Resources Indicate the number of items of concern found within ½ mile, including an explanation why each item within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:

NWI ‐ Points N/A NWI ‐ Wetlands 16

Karst Springs N/A IDEM 303d Listed Lakes N/A

Canal Structures – Historic N/A Lakes 11

NWI ‐ Lines 2 Floodplain ‐ DFIRM N/A

IDEM 303d Listed Rivers and Streams (Impaired)

N/ACave Entrance Density

N/A

Rivers and Streams 10 Sinkhole Areas N/A

Canal Routes ‐ Historic N/A Sinking‐Stream Basins N/A

Explanation: NWI Lines: There are two (2) NWI lines located within the ½ mile buffer. The presence of these items will not impact the sale of the parcels. Rivers and Streams: There are ten (10) intermittent/perennial streams located within the ½ mile buffer. There is an unnamed tributary located in the southwest corner of parcel 6. Environmental Services, Ecology & Permitting, should be consulted prior to sale of Parcel 6. NWI Wetlands: There are sixteen (16) wetlands located within the ½ mile buffer. The presence of these items will not impact the sale of the parcels. Lakes: There are eleven (11) lakes located the ½ mile buffer. One (1) full lake and a partial lake are located on the southern part of Parcel 48 and were not called out on the GIS maps. Environmental Services, Ecology & Permitting, should be consulted prior to sale of Parcel 48.


Mining/Mineral Exploration Indicate the number of items of concern found within ½ mile, including an explanation why each item within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:

Petroleum Wells 1 Petroleum Fields N/A

Mines – Surface 1 Mines – Underground N/A

Explanation: Petroleum Wells: There is one (1) petroleum well located within the ½ mile buffer. The presence of this item will not impact the sale of the parcels. Mines‐Surface: There is one (1) surface mine located within the ½ mile buffer. The presence of this item will not impact the sale of the parcels.

Ecological Information

The Spencer County listing of the Indiana Natural Heritage Data Center information on endangered, threatened, or rare (ETR) species and high quality natural communities is attached with ETR species highlighted. Research into the Indiana Heritage database revealed no ETR species within a ½ mile radius of the subject parcels. The sale of the subject parcels is not expected to impact ETR species or high quality natural communities.

Cultural Resources

A request for review was made to INDOT Environmental Services, Cultural Resources, on December 4, 2012.

Hazmat Concerns Indicate the number of items of concern found within ½ mile, including an explanation why each item within the ½ mile radius will/will not impact the project. If there are no items, please indicate N/A:

Brownfield Sites N/A Restricted Waste Sites N/A

Corrective Action Sites (RCRA) N/A Septage Waste Sites N/A

Confined Feeding Operations N/A Solid Waste Landfills N/A

Construction Demolition Waste N/A State Cleanup Sites N/A

Industrial Waste Sites (RCRA Generators)

N/ATire Waste Sites

N/A

Infectious/Medical Waste Sites N/A Waste Transfer Stations N/A

Lagoon/Surface Impoundments N/A RCRA Waste Treatment, Storage,

and Disposal Sites (TSDs) N/A

Leaking Underground Storage Tanks (LUSTs)

N/AUnderground Storage Tanks

N/A

Manufactured Gas Plant Sites N/A Voluntary Remediation Program N/A

NPDES Facilities 1 Superfund N/A

NPDES Pipe Locations 2 Institutional Control Sites N/A

Open Dump Sites N/A


Explanation: NPDES Facilities: There is one (1) NPDES facility located within the ½ mile buffer. The presence of this item will not impact the sale of the parcel. NPDES Pipe Locations: There are two (2) NPDES pipe locations (one active and one inactive) located within the ½ mile buffer. Both are listed as being located at Foertsch Construction. The presence of these items will not impact the sale of the parcel. RECOMMENDATIONS INFRASTRUCTURE: N/A WATER RESOURCES: There is an unnamed tributary located in the southwest corner of Parcel 6. Environmental Services, Ecology & Permitting, should be consulted prior to sale of Parcel 6. One (1) full lake and a partial lake are located on the southern part of Parcel 48 and were not called out on the GIS maps. Environmental Services, Ecology & Permitting, should be consulted prior to sale of Parcel 48. MINING/MINERAL EXPLORATION: N/A ECOLOGICAL INFORMATION: N/A CULTURAL RESOURCES: A request was made to INDOT Environmental Services, Cultural Resources, on December 4, 2012. HAZMAT CONCERNS: N/A INDOT Environmental Services concurrence: (Signature) Prepared by: Karen Frantsi NEPA Specialist INDOT Environmental Services

Graphics: A map for each report section with a ½ mile radius buffer around all project area(s) showing all items identified as possible items of concern is attached. If there is not a section map included, please change the YES to N/A: GENERAL SITE MAP SHOWING PROJECT AREA: YES INFRASTRUCTURE: YES WATER RESOURCES: YES MINING/MINERAL EXPLORATION: YES HAZMAT CONCERNS: YES

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Red Flag Investigation - LocationLA3097, Excess Parcels 6, 8 & 48

US 231Spencer County, Indiana

Parcel 6

Parcel 8.

Parcel 48.

CHRISNEY QUADRANGLEINDIANA

7.5 MINUTE SERIES(TOPOGRAPHIC)This map is intended to serve as an aid in graphic

representation only. This information is not warranted for accuracy or other purposes.

Sources:Non Orthophotography Data - Obtained from the State of Indiana Geographical Information Office LibraryOrthophotography - Obtained from Indiana Map Framework Data(www.indianamap.org) Map Projection: UTM Zone 16 N Map Datum: NAD83

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Red Flag Investigation - InfrastructureLA3097, Excess Parcels 6, 8 & 48


This map is intended to serve as an aid in graphic representation only. This information is not warranted for accuracy or other purposes.


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Red Flag Investigation - Water ResourcesLA3097, Excess Parcels 6, 8 & 48



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Red Flag Investigation - Mining/Mineral ExplorationLA3097, Excess Parcels 6, 8 & 48




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Red Flag Investigation - HazMat ConcernsLA3097, Excess Parcels 6, 8 & 48


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Sources:Non Orthophotography

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Orthophotography - Obtained from Indiana Map Framework Data(www.indianamap.org)

Map Projection: UTM Zone 16 N Map Datum: NAD83

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Parcel 6

Parcel 8.

Parcel 48.

Species Name Common Name STATEFED

Page 1 of 2

06/01/2010Indiana County Endangered, Threatened and Rare Species List

GRANK SRANK

SpencerCounty:

Mollusk: Bivalvia (Mussels)

Plethobasus cyphyus Sheepnose C SE G3 S1

Pleurobema cordatum Ohio Pigtoe SSC G4 S2

Quadrula cylindrica cylindrica Rabbitsfoot C SE G3G4T3 S1

Fish

Acipenser fulvescens Lake Sturgeon SE G3G4 S1

Amphibian

Acris crepitans blanchardi Northern Cricket Frog SSC G5 S4

Scaphiopus holbrookii Eastern Spadefoot SSC G5 S2

Reptile

Nerodia erythrogaster neglecta Copperbelly Water Snake PS:LT SE G5T3 S2

Opheodrys aestivus Rough Green Snake SSC G5 S3

Bird

Ammodramus henslowii Henslow's Sparrow SE G4 S3B

Buteo lineatus Red-shouldered Hawk SSC G5 S3

Helmitheros vermivorus Worm-eating Warbler SSC G5 S3B

Ictinia mississippiensis Mississippi Kite SSC G5 S1B

Lanius ludovicianus Loggerhead Shrike No Status SE G4 S3B

Sternula antillarum athalassos Interior Least Tern LE SE G4T2Q S1B

Tyto alba Barn Owl SE G5 S2

Mammal

Lynx rufus Bobcat No Status SSC G5 S1

Myotis grisescens Gray Bat LE SE G3 S1

Sylvilagus aquaticus Swamp Rabbit SE G5 S1

Taxidea taxus American Badger SSC G5 S2

Vascular Plant

Acalypha deamii Mercury SR G4? S2

Armoracia aquatica Lake Cress SE G4? S1

Calycocarpum lyonii Cup-seed ST G5 S2

Carex bushii Bush's Sedge ST G4 S1

Carex socialis Social Sedge SR G4 S2

Catalpa speciosa Northern Catalpa SR G4? S2

Chelone obliqua var. speciosa Rose Turtlehead WL G4T3 S3

Crataegus viridis Green Hawthorn ST G5 S2

Crotonopsis elliptica Elliptical Rushfoil SE G5 S1

Cyperus acuminatus Short-point Flatsedge WL G5 S3

Cyperus pseudovegetus Green Flatsedge SR G5 S2

Didiplis diandra Water-purslane SE G5 S2

Eleocharis wolfii Wolf Spikerush SR G3G4 S2

Indiana Natural Heritage Data Center

Division of Nature Preserves

Indiana Department of Natural Resources

This data is not the result of comprehensive county

surveys.

Fed: LE = Endangered; LT = Threatened; C = candidate; PDL = proposed for delisting

State: SE = state endangered; ST = state threatened; SR = state rare; SSC = state species of special concern;

SX = state extirpated; SG = state significant; WL = watch list

GRANK: Global Heritage Rank: G1 = critically imperiled globally; G2 = imperiled globally; G3 = rare or uncommon

globally; G4 = widespread and abundant globally but with long term concerns; G5 = widespread and abundant

globally; G? = unranked; GX = extinct; Q = uncertain rank; T = taxonomic subunit rank

SRANK: State Heritage Rank: S1 = critically imperiled in state; S2 = imperiled in state; S3 = rare or uncommon in state;

G4 = widespread and abundant in state but with long term concern; SG = state significant; SH = historical in

state; SX = state extirpated; B = breeding status; S? = unranked; SNR = unranked; SNA = nonbreeding status

unranked

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Species Name Common Name STATEFED

Page 2 of 2

06/01/2010Indiana County Endangered, Threatened and Rare Species List

GRANK SRANK

SpencerCounty:

Fimbristylis annua Annual Fimbry SE G5 S1

Hypericum denticulatum Coppery St. John's-wort ST G5 S2

Iresine rhizomatosa Eastern Bloodleaf SR G5 S2

Isoetes melanopoda Blackfoot Quillwort ST G5 S1

Ludwigia decurrens Primrose Willow WL G5 S2

Passiflora incarnata Purple Passion-flower SR G5 S2

Perideridia americana Eastern Eulophus SE G4 S1

Phlox pilosa ssp. deamii SE G5T3T4 S1

Platanthera peramoena Purple Fringeless Orchis WL G5 S3

Poa wolfii Wolf Bluegrass SR G4 S2

Prenanthes aspera Rough Rattlesnake-root SR G4? S2

Ranunculus pusillus Pursh Buttercup SE G5 S1

Rhexia mariana var. mariana Maryland Meadow Beauty ST G5T5 S1

Rhynchospora corniculata var. interior Short-bristle Horned-rush ST G5TNR S2

Saxifraga virginiensis Virginia Saxifrage WL G5 S3

Selaginella apoda Meadow Spike-moss WL G5 S1

Stenanthium gramineum Eastern Featherbells ST G4G5 S1

Strophostyles leiosperma Slick-seed Wild-bean ST G5 S2

Thalictrum pubescens Tall Meadowrue ST G5 S2

Trifolium reflexum var. glabrum Buffalo Clover SE G5T2T4Q S1

High Quality Natural Community

Barrens - clay Clay Barrens SG GNR S1

Forest - flatwoods dry Dry Flatwoods SG G2? S2

Forest - floodplain mesic Mesic Floodplain Forest SG G3? S1

Forest - floodplain wet Wet Floodplain Forest SG G3? S3

Forest - floodplain wet-mesic Wet-mesic Floodplain Forest SG G3? S3

Forest - upland dry Dry Upland Forest SG G4 S4

Forest - upland dry-mesic Dry-mesic Upland Forest SG G4 S4

Other

Freshwater Mussel Concentration Area Mussel Bed SG G3 SNR

Indiana Natural Heritage Data Center

Division of Nature Preserves

Indiana Department of Natural Resources

This data is not the result of comprehensive county

surveys.

Fed: LE = Endangered; LT = Threatened; C = candidate; PDL = proposed for delisting

State: SE = state endangered; ST = state threatened; SR = state rare; SSC = state species of special concern;

SX = state extirpated; SG = state significant; WL = watch list

GRANK: Global Heritage Rank: G1 = critically imperiled globally; G2 = imperiled globally; G3 = rare or uncommon

globally; G4 = widespread and abundant globally but with long term concerns; G5 = widespread and abundant

globally; G? = unranked; GX = extinct; Q = uncertain rank; T = taxonomic subunit rank

SRANK: State Heritage Rank: S1 = critically imperiled in state; S2 = imperiled in state; S3 = rare or uncommon in state;

G4 = widespread and abundant in state but with long term concern; SG = state significant; SH = historical in

state; SX = state extirpated; B = breeding status; S? = unranked; SNR = unranked; SNA = nonbreeding status

unranked

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EXHIBIT D

Hold Harmless Affidavit

STATE OF INDIANA )

)SS:

COUNTY OF ___________ )

AFFIDAVIT

Comes now the Affiant(s), _______________________________, and swear and

affirm to the following:.

1) That the above Affiant(s) shall hold harmless and indemnify the

State of Indiana and its agent Indiana Department of Transportation and

accept

the property transfer through Quit Claim Deed without any Warrants and

receive

property As-Is.

SUBSCRIBED AND SWORN TO THIS _______DAY OF ________________,

20___.

__________________________

Affiant’s printed name

___________________________

Affiant’s signature

State of Indiana )

) SS:

County of _________ )

Subscribed and sworn to before me a Notary Public this ______ day of _____________,

20___.

___________________________

Notary Public

A Resident of ________________ County Indiana

My Commission expires: ______________